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(영문) 창원지방법원 2021.01.08 2020노1253
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) of the lower court’s punishment (five million won in penalty amount) is too unhued and unreasonable.

2. An unfavorable circumstance is that the case of the instant crime that prevents the execution of official duties by reporting the Defendant from assaulting another person by a auxiliary police officer who prevents such reporting is not easy, that the Defendant did not receive a letter from the police officer, that the Defendant was punished several times, and that the Defendant was punished for obstructing the performance of official duties or committing violence.

On the other hand, it is advantageous to the fact that the defendant reflects the mistake, the degree of interference with the execution of official duties due to the crime of this case does not seem to be serious enough, the contingent crime is all contingent crimes, the criminal records related to the same kind of crime or violence of the defendant were punished by a fine, and the defendant has no record of criminal punishment for the last ten years.

In full view of these circumstances and all of the sentencing conditions in the instant argument, the lower court’s punishment cannot be deemed unfair as it is too unfasible.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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